Prof James Allan opposes a Charter of Rights

James Allan, the Garrick professor of law at the University of Queensland, has consistently opposed a Charter of Rights for Australia.

He recently wrote the following article, saying the government is being ambiguous about this matter.

He called on Mr Rudd to declare where the government stands on this issue - if they plan to proceed with one, then say so as then we can have a vigorous debate in an election year - otherwise Mr Rudd should say that they have no plans to proceed with such legislation!

Here's the article:

Rudd ambiguous on bill of rights, James Allan, The Australian, 3/4/2010.

The article begins:

"THE funniest writer I know, P. G. Wodehouse, finished his novel The Code of the Woosters with this conversation between Bertie Wooster and his valet Jeeves: "You can't be a successful dictator and design women's underclothing."

"No, sir."

"One or the other. Not both."

"Precisely, sir.'

In a similar vein the Rudd government can't go quiet about the one-sided, pro-bill of rights report it commissioned and received, then pretend it has no position on bills of rights going into the election. Either it explicitly disavows any intention to enact one or Labor has to be taken as being in favour of bringing one in after that election. One or the other. Not both. . .

James Allan concludes:

"Only an explicit disavowal is enough. We need to hear the Prime Minister and Attorney-General tell us that after the election there will be no bill of rights.
Otherwise it's easy for a post-election Labor party to say "it was implicit that we were going to do this and you had your chance at the election".
I don't say it would happen. I just say it would be politically plausible. And that makes it too dangerous.
So let's have an open, , vigorous election on a bill of rights or let's hear this government say it's off the table."